Defendants' motion for a finding that the case was exceptional warranting an award of attorneys' fees was granted. "[Plaintiff] failed to make a proper pre-suit investigation. [Plaintiff's] allegation of infringement was based on nothing more than the 'structure' of the [accused products] and their supposed product labels, and on 'information and belief' that certain steps 'were' or 'may have been' performed. This is insufficient to support a claim of infringement, both in light of [plaintiff's] burden of showing the precise manufacturing methods that were used, and in light of [plaintiff's] admission that the existence of the heat treating step essential to nearly every asserted claim could only be established through test results that [plaintiff] never obtained."
International Intellectual Management Corporation v. Lee Yunn Enterprises, Inc. (U.S.A.) et al., 2-08-cv-07587 (CACD December 14, 2009, Order) (Real, J.)
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